DOE v. RUMSFELD

The opinion of the court was delivered by: EMMET SULLIVAN, District Judge

ORDER

On December 22, 2003 the Court issued a Preliminary Injunction
enjoining the defendants from inoculating service members without their
consent. The Court was persuaded that the record evidence before the
Court was devoid of an FDA final decision on the investigational status
of Anthrax Vaccine Adsorbed ("AVA"). Within days of the Court's
injunction, the Food and Drug Administration ("FDA") published a final
rule categorizing AVA as safe and effective for use against inhalation
anthrax. Although the timing of the issuance of the rule is arguably
highly suspicious, nevertheless, the rule has been issued and the
principle reason for the issuance of the injunction has been addressed by
the government. Accordingly, upon consideration of the government's
Motion to Stay the Injunction as Applied to Persons Other than the Named
Parties, the Response and Reply, hereto, and pursuant to the proceedings
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held in open court on January 7, 2004, it is hereby

ORDERED that the government is entitled to a stay of the Court's
injunction pending further order of the Court and further challenges to
the government's final rule; and it is

FURTHER ORDERED that the Motions Hearing previously scheduled for
January 14, 2004 at 10:00 a.m. in Courtroom One has been converted to a
Status Hearing.
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